2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 6 - Construction of Will; Testamentary Gifts
§ 53-4-55. Construction of Wills; Intention of Testator

In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it may be consistent with the rules of law. Provided the proof of intention is clear and convincing, the court may transpose sentences or clauses, change conjunctions, and supply or delete words in cases in which a sentence or clause as it stands is unintelligible or inoperative in context.

(Code 1981, §53-4-55, enacted by Ga. L. 1996, p. 504, § 10.)

- For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969). For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005). For note discussing construction and interpretation of wills, see 1 Ga. L. Rev. No. 1, p. 46 (1927).

RESEARCH REFERENCES

Am. Jur. 2d.

- 80 Am. Jur. 2d, Wills, §§ 1008 et seq., 1024, 1025.

- 96 C.J.S., Wills, §§ 819, 847, 849, 857, 858.

- Direction in will that legacies be paid out of the personal estate as affecting right to charge real estate therewith, 26 A.L.R. 648.

What is included in terms "notes," "securities," etc., in a bequest, 52 A.L.R. 1097.

Practical construction placed on will by parties interested, 67 A.L.R. 1272.

Term "heirs" in will as including legatees or devisees, 70 A.L.R. 581.

Content and effect of symbol or abbreviation "&" or "etc.", 77 A.L.R. 879.

Devise or bequest to country or political division without specification of particular purpose as a charitable devise or bequest, 82 A.L.R. 476.

Intention of testator as defeating operation of statute to prevent lapses, 92 A.L.R. 846; 63 A.L.R.2d 1172.

What is included in term "money" in will, 93 A.L.R. 514; 173 A.L.R. 656.

Phrase "from and after" death of life beneficiary as affecting character of remainder as vested or contingent, 103 A.L.R. 598.

Disinheritance provision of will as affecting construction of will as regards children or descendants of person disinherited, 112 A.L.R. 284.

Construction and application of provision of will expressly giving executor or trustee power to mortgage realty, 115 A.L.R. 1417.

Meaning of term "issue" when used as a word of purchase, 117 A.L.R. 691.

Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.

Word "now" or other word of time in will as relating to date of execution of will or date of death of testator, 125 A.L.R. 790.

Possibility of avoiding or limiting effect of clause in later will purporting to revoke all former wills, 125 A.L.R. 936.

Execution, by donee of power, of deed, mortgage, or will not referring to the power as exercise thereof, 127 A.L.R. 248.

Time as of which members of class described as testator's "heirs," "next of kin," "relations," etc., to whom a future gift is made are to be ascertained, 127 A.L.R. 602; 169 A.L.R. 207.

Provision in trust instrument making solvency of beneficiary, or discharge of his debts, a condition precedent to his receipt of trust property, 138 A.L.R. 1336.

Vested or contingent character of remainder as affected by fact that, if vested, certain person or persons will share in the property who were excluded by express terms of the will, 138 A.L.R. 1435.

Disposition of share of one of two or more life tenants or beneficiaries of income accruing between his death and the death of the last survivor of the beneficiaries under a will or other instrument which postpones the remainder until the latter event, without providing for such disposition, 140 A.L.R. 841; 71 A.L.R.2d 1332.

Incorporation of extrinsic writings in will by reference, 144 A.L.R. 714; 173 A.L.R. 568.

Equitable conversion by will as affected by total or partial failure of testator's purpose, 144 A.L.R. 1236.

Validity, construction, and effect of provision in will regarding amount payable for attorneys' services, 148 A.L.R. 362.

Education of beneficiary, or children of beneficiary, as within contemplation of provision of will or trust instrument permitting encroachment upon principal, 148 A.L.R. 1039.

Wills: significance and effect of statement of value or par value in specific legacy of bonds or stock, 151 A.L.R. 969.

When existence of institution named as beneficiary deemed to have ended, within contemplation of provision of will in that regard, 152 A.L.R. 1303.

Designation of legatee or devisee by abbreviation, 153 A.L.R. 486.

When bequest deemed to cover or include accounts receivable or other money obligations owned by testator, 154 A.L.R. 973.

Who included in term "family" in bequest or devise, 154 A.L.R. 1411.

Construction and application of phrase "understanding age" or similar obscure phrase, fixing the time when beneficiaries of trust or will shall receive principal or income, 157 A.L.R. 139.

Time as of which "heirs" or "next of kin" descriptive of beneficiaries of a devise or bequest are to be determined where ancestor predeceases the testator, 162 A.L.R. 716.

Prior estate as affected by remainder void for remoteness, 168 A.L.R. 321.

Respective rights and obligations of testamentary trustee and one whom will permits to occupy property, 172 A.L.R. 1283.

Effect of error in mentioning the number who are to take under a devise or legacy to persons described as a class, 173 A.L.R. 1012.

Construction and effect of general legacy conditional upon ademption of specific legacy or devise to legatee, 2 A.L.R.2d 819.

Phrase in will, "subject to payment of debts," and the like, as charging particular devise or bequest with debts, in exoneration of property otherwise subject thereto, 2 A.L.R.2d 1310.

What constitutes oil or gas "royalty," or "royalties," within language of conveyance, exception, reservation, devise, or assignment, 4 A.L.R.2d 492.

Enlarged interest acquired by testator after execution of will as passing by devise or bequest, 18 A.L.R.2d 519.

Nature of remainders created by will giving life estate to spouse of testator, with remainder to be divided equally between testator's heirs and spouse's heirs, 19 A.L.R.2d 371.

Who is "child," "issue," "descendant," "relation," "heir," etc., within antilapse statute describing the person taking through or from the legatee or devisee, 19 A.L.R.2d 1159.

Words of survivorship in will disposing of estate in remainder as referable to death of testator or to termination of intervening estate, 20 A.L.R.2d 830.

Nontrust life estate expressly given for support and maintenance, as limited thereto, 26 A.L.R.2d 1207.

Term "next of kin" used in will, as referring to those who would take in cases of intestacy under distribution statutes, or to nearest blood relatives of designated person or persons, 32 A.L.R.2d 296.

Validity and effect of provision in will regulating or controlling beneficiary's residence, 35 A.L.R.2d 387.

Purview of gift, charge, or like, for "college education,", 36 A.L.R.2d 1323.

What passes under, and is included in, devise of "home" or "home place,", 38 A.L.R.2d 840.

What passes under term "things" or "personal things" in will, 41 A.L.R.2d 946.

Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting the character of remainder as vested or contingent, 47 A.L.R.2d 900.

What constitutes contest or attempt to defeat will within provision thereof forfeiting share of contesting beneficiary, 49 A.L.R.2d 198.

Testamentary gift to class or group of specified relationship as including those of half blood, 49 A.L.R.2d 1362.

Construction and effect of proviso of will that "in case of the death" of a devisee or legatee, or "if he die" (or equivalent expression), the property shall go to another, 51 A.L.R.2d 205.

Admissibility of subsequent declarations of settlor to aid interpretation of trust, 51 A.L.R.2d 820.

Spouse's right to take under other spouse's will as affected by antenuptial or postnuptial agreement or property settlement, 53 A.L.R.2d 475.

Applicability of antilapse statutes to class gifts, 56 A.L.R.2d 948.

Determination as to whether testator intended to dispose of property belonging to devisee or legatee so as to put latter to election, 60 A.L.R.2d 736.

Construction of devise to persons as joint tenants and expressly to the survivor of them or to them, "with the right of survivorship,", 69 A.L.R.2d 1058.

Changing, deleting, or adding punctuation in construing will, 70 A.L.R.2d 215.

Person entitled to devise or bequest to "husband," "wife," or "widow,", 75 A.L.R.2d 1413.

Wills: "stocks" as including bonds or other securities, 76 A.L.R.2d 243.

Construction and effect of will provision releasing or forgiving debt due testator, 76 A.L.R.2d 1020.

Husband or wife as heir within provision of will or trust, 79 A.L.R.2d 1438.

Effect of mistake of draftsman (other than testator) in drawing will, 90 A.L.R.2d 924.

Effect of will provision cutting off heir or next of kin, or restricting him to provision made, to exclude him from distribution of intestate property, 100 A.L.R.2d 325.

Bequest of stated amount to several legatees as entitling each to full amount or proportionate share thereof, 1 A.L.R.3d 479.

What passes under legacy or bequest of things found or contained in particular place or container, 5 A.L.R.3d 466.

Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.

Validity, construction, and effect of bequest or devise to a person's estate, or to the person or his estate, 10 A.L.R.3d 483.

Disposition of all or residue of testator's property, without referring to power of appointment, as constituting sufficient manifestation of intention to exercise power, in absence of statute, 15 A.L.R.3d 346.

Admissibility of extrinsic evidence to clarify location of real property devised in a will, 16 A.L.R.3d 386.

Admissibility of extrinsic evidence to identify stocks, bonds, and other securities disposed of by will, 16 A.L.R.3d 432.

Wills: validity and construction of gift to A or B, or to A or B or survivor, 19 A.L.R.3d 1213.

Wills: admissibility of extrinsic evidence to determine whether fee or absolute interest, or only estate for life or years, was given, 21 A.L.R.3d 778.

Wills: bequest or devise referring to services to be rendered by donee to testator during latter's lifetime as absolute or conditioned gift, 22 A.L.R.3d 771.

Testamentary devise or bequest conditioned upon beneficiary's supporting or rendering services to named person as providing for condition subsequent or precedent, 25 A.L.R.3d 762.

What passes under term "securities" in will, 27 A.L.R.3d 1386.

What passes under terms "cash," "cash on hand," or "cash assets" in will, 27 A.L.R.3d 1406.

What passes under term "business" or "business enterprise" in will, 28 A.L.R.3d 1169.

Testamentary gift to children as including stepchild, 28 A.L.R.3d 1307.

What passes under, and is included in, devise of "building," "house," or "dwelling house,", 29 A.L.R.3d 574.

What passes under terms "personal belongings," "belongings," "personal effects," or "effects" in will, 30 A.L.R.3d 797.

Disposition of property of inter vivos trust falling in after death of settlor, who left will making no express disposition of the trust property, 30 A.L.R.3d 1318.

Wills: term "heirs" as restricted to meaning "children,", 37 A.L.R.3d 9.

Change in stock or corporate structure, or split or substitution of stock of corporation as affecting bequest of stock, 46 A.L.R.3d 7.

Wills: gift over to "survivors" of class or group of designated beneficiaries as restricted to surviving members of class or group, or as passing to heirs or representatives of deceased beneficiary, 54 A.L.R.3d 280.

Validity and construction of bequest with limitation over to another in event that original beneficiary dies before distribution, payment, or receipt thereof, 59 A.L.R.3d 1043.

Construction of reference in will to statute where pertinent provisions of statute are subsequently changed by amendment or repeal, 63 A.L.R.3d 603.

Wills: separate gifts to same person in same or substantially same amounts made in separate wills or codicils, as cumulative or substitutionary, 65 A.L.R.3d 1325.

Construction and effect of will provisions expressly relating to the burden of estate or inheritance taxes, 69 A.L.R.3d 122.

Construction and effect of will provisions not expressly mentioning payment of death taxes but relied on as affecting the burden of estate or inheritance taxes, 70 A.L.R.3d 630.

Construction and effect of will provisions relied on as affecting payment of real or personal property taxes or income taxes, 70 A.L.R.3d 726.

Term "money" or "moneys" in will as including real property, 76 A.L.R.3d 1254.

Time in which option created by will to purchase real estate is to be exercised, 82 A.L.R.3d 790.

Wills: effect of gift to be disposed of "As Already Agreed" upon or the like, 85 A.L.R.3d 1181.

Base for determining amount of bequest of a specific percent or proportion of estate or property, 87 A.L.R.3d 605.

Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.

Word "child" or "children" in will as including grandchild or grandchildren, 30 A.L.R.4th 319.

Wills: what constitutes "bank," "checking," or "savings" account, within meaning of bequest, 31 A.L.R.4th 688.

Adoption as precluding testamentary gift under natural relative's will, 71 A.L.R.4th 374.

What constitutes contest or attempt to defeat will within provision thereof forfeiting share of contesting beneficiary, 3 A.L.R.5th 590.

What passes under term "personal property" in will, 31 A.L.R.5th 499.

Adopted child as within class named in deed or inter vivos trust instrument, 37 A.L.R.5th 237.